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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 5, 2013, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on September 5, 2013, and a fine of KRW 4 million at the same court on March 13, 2015.
On September 6, 201, 201, the Defendant driven Bteme car under the influence of alcohol content of about 0.158% at a distance of about 2 km from the vicinity of a mutually influent restaurant located in Ulsan-gu, Ulsan-gu to the front of the chemical common restaurant located in the same month and Dong from September 6, 2017.
As a result, the Defendant again driven the said car while under the influence of alcohol, as a person who violated the prohibition of drinking twice or more.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and D;
1. Reporting the occurrence of a traffic accident, a survey report on actual condition, and inquiry into the results of crackdown on drinking driving, a circumstantial report on the driver of the primary driving, and a written estimate;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account reflectivity, force of drinking, etc.);
1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;